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Parliament’s Secret War
Intro -- Preface -- Contents -- 1. Parliament's Secret War -- A. The Role of the House of Commons in War Powers Decisions: An Historical View -- B. From Discretion to Democratisation -- C. Roadmap of the Book -- D. Methodology: The Political Constitution and Evidence-Based Public Law -- 2. A Legal War? -- A. Use of Force as an International Legal Question -- B. Bringing the War Question Home -- C. Use of Force as a Domestic Question -- D. The Implications of Linking International Legality to Parliament's Constitutional Role on War -- E. Shining a Light on the Subjugation of Politics -- 3. The Convention as a Battlefield -- A. The Role of Conventions in the UK Constitutional Sphere -- B. Th...
The European Court of Human Rights
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Encounters between Foreign Relations Law and International Law
A fresh look at the bridges and boundaries between foreign relations law and public international law.
A Farewell to Fragmentation
Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
A Theory of the Executive Branch
The executive branch in Western democracies has been granted a virtually impossible task: expected to 'imperially' direct the life of the nation through thick and thin, it is concurrently required to be subservient to legislation meted out by a sovereign parliament. Drawing on a general argument from constitutional theory that prioritizes dispersal of power over concepts of hierarchy, this book argues that the tension between dominance and submission in the executive branch is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of substantive limitation of power. Under this 'internal tension' vision of constitutionalism, the executive b...
Research Handbook on Implementation of Human Rights in Practice
Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation.
Autocrats Can't Always Get What They Want
Authoritarianism seems to be everywhere in the political world—even the definition of authoritarianism as any form of non-democratic governance has grown very broad. Attempts to explain authoritarian rule as a function of the interests or needs of the ruler or regime can be misleading. Autocrats Can’t Always Get What They Want argues that to understand how authoritarian systems work we need to look not only at the interests and intentions of those at the top, but also at the inner workings of the various parts of the state. Courts, elections, security force structure, and intelligence gathering are seen as structured and geared toward helping maintain the regime. Yet authoritarian regime...
Domestic Courts and the Interpretation of International Law
Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.
The Functions of International Adjudication and International Environmental Litigation
This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.
